Prosecution Insights
Last updated: May 29, 2026
Application No. 18/280,867

GROUNDING CONTACT AND METHOD FOR OPERATING

Non-Final OA §103
Filed
Sep 07, 2023
Priority
Mar 10, 2021 — nonprovisional of PCTEP2021056097
Examiner
MCCARRY JR, ROBERT J
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Schunk Transit Systems GmbH
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1249 granted / 1524 resolved
+30.0% vs TC avg
Strong +17% interview lift
Without
With
+16.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
1551
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
39.1%
-0.9% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1524 resolved cases

Office Action

§103
DETAILED ACTION The Information Disclosure Statement filed on November 8, 2023 has been reviewed and considered by the Examiner. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-6 and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dipl-ing (EP 2423068 A1) in view of Auge (EP 0958984 A1). Dipl-ing discloses a ground contact on a rail vehicle comprised of a ground contact 10 on a wheel set having an axle and wheels. The ground contact 10 is further comprised of a housing unit 12, a contact device 16 and a sensing device 24, the contact device having a contact piece 18 which is disposed on a contact surface of an axle, an electrical sliding contact 17 being formed between the contact surface and the contact piece. The ground contact comprises a measuring unit having a measuring device in the form of a rotary encoder 26. The sensor of the sensing device 24 of the measuring device 26 is disposed on the contact device and/or adjacent to the contact device. The device is further comprised of a signal cable to transmit signals to a vehicle control module. Dipl-ing discloses the contact device as described above but does not specifically show the method of registering, processing or determining the parameters of the operation of the bogie. Auge discloses a measuring device 34 and detection assembly 50 in figure 7 and goes on to describe the methodology of measuring and monitoring the operation of the bogie. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a measuring and monitoring method, like that of Auge, and apply it to a ground contact system, like that of Dipl-ing, with the expected result of providing a method for the safe and efficient operation of the ground contact assembly on the railcar bogie. Allowable Subject Matter Claims 7-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, S. Joseph Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Robert J McCarry Jr/Primary Examiner, Art Unit 3615 RJM January 23, 2026
Read full office action

Prosecution Timeline

Sep 07, 2023
Application Filed
Mar 05, 2024
Response after Non-Final Action
Jan 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12637122
MONITORING DEVICE FOR A BUFFER STOP
3y 9m to grant Granted May 26, 2026
Patent 12637121
SYSTEM AND METHOD FOR MONITORING THE STATE OF A WHEEL OF A RAIL VEHICLE
3y 1m to grant Granted May 26, 2026
Patent 12630981
IMPROVEMENTS IN RAILROAD RAIL PROFILE
3y 9m to grant Granted May 19, 2026
Patent 12630199
PNEUMATIC SAND CONVEYING DEVICE FOR A SANDING SYSTEM OF A RAIL VEHICLE, SANDING SYSTEM, AND METHOD FOR OPERATING A PNEUMATIC SAND CONVEYING DEVICE
3y 2m to grant Granted May 19, 2026
Patent 12630204
PREDICTIVE RAILROAD CROSSING SAFETY NOTIFICATION AND TRAFFIC CONTROL SYSTEM AND METHODS
3y 6m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+16.6%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1524 resolved cases by this examiner. Grant probability derived from career allowance rate.

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